CC-08-05-13-07 INDOT Project Coordination Contract - Relocation of Water Lines SPONSOR(S): Councilor(s) Sharp
RESOLUTION CC-08-05-13-07
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, APPROVING
INDOT PROJECT COORDINATION CONTRACT
WHEREAS, the City of Carmel,Indiana,by and through its Board of Public Works and Safety, and the State of
Indiana, by and through its Department of Transportation, entered into that certain highway utility agreement
attached hereto as Exhibit A, the same being incorporated herein by reference (the "INDOT Contract"); and
WHEREAS, the INDOT Contract pertains to an improvement project for US 31 and the reimbursement of the
City's cost of relocating certain utilities impacted thereby; and
WHEREAS, the Common Council of the City of Carmel. Indiana, now wishes to approve the INDOT Contract,
finding the same to be in the public interest and in furtherance of public safety.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as
follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The INDOT Contract should be and the same is hereby approved and adopted pursuant to and in
accordance with the terms of this Resolution.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED by the Common Council of the City of Carmel, Indiana, this 5 day of . , 013, by a
vote of ( ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
,!Of � NI 07 P2Es �
Pryding Offi / / Kevin D. Rider
� %
( AL
Richard : . Sharp, Preside,: Tempore Carol Schleif
_ ././010-
_•n . Carter W. Ericiydensticker
;a11& A
Su( inkam Luci Snyd'r
Page One of Two Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 7/25/13 at 11:50 a.m. No subsequent
revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise.
\\Issvrapps1 user data-admin\LANAE Bass\My Documents\Resolutions-CCC\20t3\Approve INDOT Project Coord Contract Project 1297240.docx7/26/2013 9:42 AM
SPONSOR(S): Councilor(s) Sharp
ATTES
_ _
Diana L. Cordray, IAMC, lerk-Treasurer
' 0
P}•,esented by me to the Mayor of th City of Carmel,Indiana this day of 0,U8CACDt , 2013. at 9
.M.
/16)...4ca1/4..)
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved y me, the Mayor of the City of Carmel, Indiana, this -) day of , 2013, at
qoy p .M.
i .
t/James Brainard,Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treast '-r
Resolution CC-
Page Two of Two Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 7/25/13 at 11:50 a.m. No subsequent
revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise.
\\Issvrappst\user data-admin\LAME Bass My Documents\Resolutions-CCC12013\Approvve INDOT Project Coord Contract Project 1297240.docx7/2612013 9:42 AM
April 2d12
Efiiraordinary Agteenient
Work in Contract
INDIANA DEPARTMENT OF TRANSPORTATION
HIGHWAY UTILITY AGREEMENT CD
..`
Agreement Amount: $37719S8.15 Des No: 0600430,0600432,0900267,
0900268
Agreement Type: Extraordinary coSt, Project No:.1297240
Work Description: Relocation of Road: U.S.31
Water Lines County: Harnilton
This Agreement, made and entered into this day of ,20 , by
And between
City of Carmel
760 3rd Ave. SW
Carmel, IN-46032
(hereinafter referred.to as the Utility,) and the State of Indiana; through the INDIANA
DEPARTMENT OF TRAMPORTATION, (hereinafter referred to as INDOT).
WITNOKTII:
WHEREAS,INDOT desires to ImproVe US 31 in Harnilten County by adding travel
lanes and interchange construction from 96th Street to 203rd stfeot as referenced by the Des No
and Project No. given above hereinaftcr iefetred to as the`'pr0:100r); and
WHEREAS,INDOT has determined that a portion of the utility's relocation cost is
eligible for-with hiitsemeht by INDOT pursuant tO LC, 8,-23-2-6(a)(15)(A);
WHEREAS, due to said highWay construction certain adjustments,removals,
alterations, and/ok l'elOdatiOns Of the existing facilities of the Utility will have to:be made as
Shown on the plan tnarked,Exhibit"A'attached hereto and incorporated by reference;
WHEREAS,INDOT will recommend approval of this project,if applicable;to the
Federal Highway Adthinisti atien.for construction with funds apportioned to INDOT under Title
Uhite.d:StateS Code and Acts amendatory thereof hd supplenientary thereto;
Page tali
WHEREAS, it is necessary for the parties hereto to comply with the applicable terms
and provisions of the Federal-Aid Policy Guide (hereinafter called the Policy Guide and
available at htt ://www.fhwa.dot.o-ovileosreos/directives/cfr23toc.htm on the FHWA website)
and 23 CFR 645 Subpart A, which is hereby incorporated by reference, in order to receive
reimbursement;
NOW,THEREFORE,IN CONSIDERATION OF THE PREMISES AND THE MUTUAL
AGREEMENTS AND COVENANTS HEREIN CONTAINED(THE ADEQUACY OF WHICH
CONSIDERATIONS AS TO EACH OF THE PARTIES TO THIS AGREEMENT IS HEREBY
MUTUALLY ACKNOWEDGED), AND OTHER GOOD AND VALUABLE CONSIDERATIONS,
THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND INTENDING TO BE LEGALLY
BOUND,THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS:
SECTION 1—PREPARATION OF RELOCATION PLANS FOR INDOT'S CONSTRUCTION
CONTRACT
The Utility shall prepare, or cause to be prepared, all plans, specifications and a
preliminary itemized cost estimate, for relocation of the Utility's facilities that need to be
relocated in order to construct INDOT's project. INDOT's construction contract will require the
contractor, which is awarded the contract, to list the Utility as an additional named insured. In
addition, INDOT's construction contract will provide that the Utility is a third-party beneficiary
with respect to the relocation work. No changes to the plans or specifications for relocation of
the Utility's facilities shall be made without the written approval of the Utility. INDOT will
prepare the final engineer's estimate for the construction contract.
SECTION 2—AWARDING OF CONSTRUCTION CONTRACT
INDOT will advertise one (1) contract for bids which includes the plans and
specifications for relocation of the Utility's facilities and INDOT's plans and specifications for
INDOT's project. Upon receipt of an acceptable bid in accordance with State law, INDOT will
award a contract for construction of the work. The Utility agrees to have the contractor to whom
INDOT awards the contract relocate the Utility's facilities.
SECTION 3—CONSTRUCTION TESTING AND INSPECTION
INDOT will provide construction inspection and testing services to monitor the
contractor's relocation of the Utility's facilities. The Utility may inspect, at its own cost, the
relocation of the Utility's facilities. The Utility shall timely advise INDOT, in writing, of any
deficiencies that are observed. Prior to INDOT's final acceptance of the construction contract,
the Utility shall make an inspection of the Utility's relocation work and advise INDOT in writing
of the Utility's acceptance thereof. Such acceptance shall not be unreasonably withheld.
SECTION 4 —SUBORDINATION OF RIGHTS
The existing facilities (are) (are not) located on public right-of-way. If such facilities are
located on property, other than public right-of-way, and the Utility either has an easement
thereon or a continuing right to maintain the facilities in that location, the Utility, for and in
Page 2 of 11
consideration of this Agreement, shall subordinate the Utility's rights herein to those of the
INDOT in the highway right-of-way by executing a subordination Agreement.
SECTION 5—REIMBURSEMENT
INDOT shall reimburse the Utility for one hundred percent (100%) of the cost of
relocation minus betterment (as described below) that is in excess of the smaller of the following
amounts:
a) Ten percent (10%) of the total operating revenue received by the Utility during the
Utility's most recent fiscal year; or
b) Fifty percent (50%) of the total estimated cost of the INDOT's construction project.
The estimated cost of relocation is $ 3,771,958.15 (See Exhibit `B" for an itemization.)
The Utility represents that the total operating revenue received by the Utility during the utility's
most recent fiscal year was $9,815,035.52. The estimated cost of betterment to the utility's
facilities is $0.00. The total estimated cost of INDOT's construction project is $240,000,000.
Therefore the estimated amount of the Utility's cost of relocation to be reimbursed by INDOT
through payment to our contractor is $2,790454.60. The Utility understands that INDOT will
not reimburse the Utility for the cost of the betterment.
The Utility has appropriated, duly made and entered of record, the sum of$ 981,503.55
to apply to the cost of the project. A copy of the Utility's official record wherein such
appropriation was made is attached as Exhibit"C".
The Utility will submit invoices to INDOT for reimbursement of reasonable, necessary,
and actual costs for engineering services and the costs to acquire easements to relocate the
facility. The utility will have submitted prior estimates for these for preapproval.
SECTION 6—COMPLETION OF PROJECT
Upon final acceptance of the contractor's work (the construction contract)by INDOT, the
Utility shall be responsible for maintenance, repair, and/or reconstruction of the Utility's
facilities.
SECTION 7—WAIVER
In consideration for INDOT's participation in this contract, the Utility waives any claim,
demand, or expectation it may have in the future against INDOT based upon any negligent
omission and/or commission by INDOT's contractor performing the relocation of the Utility's
facilities.
SECTION 8—PAYMENTS
Within forty-five (45) days after the contract is awarded, the Utility shall pay INDOT a
sum equal to one hundred percent (100%) of the Utility's share of the bid price for construction
Page 3 of 11
as stated above in Section 5. If an Advice of Change Order (AC) is approved which increases
the Utility's share of the project cost, the Utility shall pay INDOT within thirty (30) days a sum
equal to one hundred percent (100%) of such increased cost. If the Utility's share is less than the
amount the utility has contributed, then INDOT will refund the difference within thirty (30) days.
All payments to the Utility shall be made in arrears in conformance with State fiscal policies
and procedures and, as required by IC 4-13-2-14.8, by electronic funds transfer to the financial
institution designated by the Utility in writing unless a specific waiver has been obtained from
the Auditor of State. No payments will be made in advance of receipt of the goods or services
that are the subject of this agreement except as permitted by IC 4-13-2-20.
SECTION 9—BINDING UPON SUCCESSORS OR ASSIGNS
This Agreement shall be binding upon the parties and their successors and assigns.
SECTION 10— GENERAL LIABILITY PROVISIONS
The Utility for itself, its employees, agents and representatives, shall indemnify, protect
and save harmless the Indiana Department of Transportation, and the State of Indiana from and
against any and all legal liabilities and other expenses, claims, cost, losses, suits or judgments for
damages, or injuries to or death of persons or damage to or destruction of property (hereafter
"Claim"), arising out of intentional tortious acts or whether due in whole or in part to the
negligent acts or omissions of the Utility, its employees or agents or contractors, in relation to or
in connection with any work performed or to be performed pursuant to this agreement, provided
however, that where the State has been found liable by a court, tribunal or governing body
entitled to make such a determination for intentional tortious acts and/or negligence with respect
to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to
indemnify, protect, or save harmless either the Department of Transportation or the State.
SECTION 11 —INCORPORATION OF THE UTILITY POLICY GUIDE
The Policy Guide forms an essential part of this Agreement, and the terms or provisions
of this Agreement in no way abrogate or supersede the terms or provisions set forth in said
Policy Guide.
SECTION 12—PENALTIES/INTEREST/ATTORNEY'S FEES
INDOT will in good faith perform its required obligations hereunder and does not agree
to pay any penalties, liquidated damages, interest, and/or attorney's fees, except as required by
Indiana law.
SECTION 13— COMPLIANCE WITH LAWS; APPLICABLE LAW
The UTILITY agrees to comply with all federal, state and local laws, rules, regulations, or
ordinances that are applicable at the time the UTILITY's services pursuant to this agreement are
rendered, and all provisions required thereby to be included herein are hereby incorporated by
Page 4 of 11
reference. The enactment of any Indiana or federal statute or the promulgation of regulations there
under after execution of this agreement shall be reviewed by the Office of the Indiana Attorney
General and the UTILITY to determine whether the provisions of this agreement require formal
amendment.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Indiana and suit, if any, must be brought in the State of Indiana.
SECTION 14 — COMPLIANCE WITH TELEPHONE SOLICITATIONS ACT
As required by IC 5-22-3-7:
(1) the UTILITY and any principals of the UTILITY certify that
(A) the UTILITY, except for de minimis and nonsystematic violations, has not
violated the terms of
(i) IC 24-4.7 [Telephone Solicitation Of Consumers],
(ii) IC 24-5-12 [Telephone Solicitations] , or
(iii) IC 24-5-14 [Regulation of Automatic Dialing Machines] in the previous
three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by
federal law; and
(B) the UTILITY will not violate the terms of IC 24-4.7 for the duration of the
Contract, even if IC 24-4.7 is preempted by federal law.
(2) The UTILITY and any principals of the UTILITY certify that an affiliate or principal of
the UTILITY and any agent acting on behalf of the UTILITY or on behalf of an affiliate
or principal of the UTILITY:
(A) except for de minimis and nonsystematic violations, has not violated the terms of
IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by federal law; and
(B) will not violate the terms of IC 24-4.7 for the duration of the Contract, even if
IC 24-4.7 is preempted by federal law.
SECTION 15 — CONFLICT OF INTEREST
A. As used in this section:
"Immediate family" means the spouse and the unemancipated children of an individual.
"Interested party," means:
1. The individual executing this Agreement;
2. An individual who has an interest of three percent (3%) or more of
the Utility, if the Utility is not an individual; or
3. Any member of the immediate family of an individual specified
under subdivision 1 or 2.
"Commission" means the State Ethics Commission.
B. INDOT may cancel this Agreement without recourse by the Utility
if any interested party is an employee of the State of Indiana.
C. INDOT will not exercise its right of cancellation under section
Page 5 of 11
B, above, if the Utility gives INDOT an opinion by the Commission indicating
that the existence of this Agreement and the employment by the State of Indiana of the
interested party does not violate any statute or code relating to ethical conduct of INDOT
employees. INDOT may take action, including cancellation of this Agreement,
consistent with an opinion of the Commission obtained under this section.
D. The UTILITY has an affirmative obligation under this Agreement to disclose to INDOT
when an interested party is or becomes an employee of the State of Indiana. The
obligation under this section extends only to those facts that the Utility knows or
reasonably could know.
SECTION 16 —DRUG-FREE WORKPLACE CERTIFICATION
The UTILITY hereby covenants and agrees to make a good faith effort to provide and
maintain a drug-free workplace. The Utility will give written notice to INDOT and the Indiana
Department of Administration within ten (10) days after receiving actual notice that the Utility or
an employee of the UTILITY has been convicted of a criminal drug violation occurring in the
UTILITY's workplace.
False certification or violation of the certification may result in sanctions including, but
not limited to, suspension of agreement payments, termination of this Agreement and/or
debarment of agreement opportunities with the State of Indiana for up to three (3) years.
In addition to the provisions of the above paragraphs, if the total agreement amount set
forth in this Agreement is in excess of $25,000.00, the UTILITY hereby further agrees that this
agreement is expressly subject to the terms, conditions, and representations of the following
certification:
This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the
Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of
Administration is requiring the inclusion of this certification in all contracts and grants from the
State of Indiana in excess of$25,000.00. No award of a contract shall be made, and no contract,
purchase order or agreement, the total amount of which exceeds $25,000.00, shall be valid,
unless and until this certification has been fully executed by the Utility and made a part of the
contract or agreement as,part of the contract documents.
The Utility certifies and agrees that it will provide a drug-free workplace by:
A. Publishing and providing to all of its employees a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
prohibited in the Utility's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform it's employees of (1) the dangers
of drug abuse in the workplace; (2) the Utility's policy of maintaining a drug-free workplace; (3)
any available drug counseling, rehabilitation, and employee assistance programs; and (4) the
Page 6 of 11
penalties that may be imposed upon an employee for drug abuse violations occurring in the
workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a
condition of continued employment, the employee will (1) abide by the terms of the statement;
and (2) notify the Utility of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction;
D. Notifying in writing INDOT within ten (10) days after receiving notice from an employee
under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee who is
convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel
action against the employee, up to and including termination; or (2) requiring such employee to
satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such
purposes by a federal, state or local health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the implementation
of subparagraphs (A) through (E) above.
SECTION 17—FUNDING CANCELLATION CLAUSE
When the Director of the State Budget Agency makes a written determination that funds
are not appropriated or otherwise available to support continuation of performance of an
agreement, the agreement shall be canceled. A determination by the Budget Director that funds
are not appropriated or otherwise available to support continuation of performance shall be final
and conclusive.
SECTION 18—NON-DISCRIMINATION
A. Pursuant to I.C. 22-9-1-10, the Utility and its Contractor and subcontractors, if any, shall not
discriminate against any employee or applicant for employment, to be employed in the
performance of this agreement, with respect to hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of race, color,
religion, sex, disability, national origin or ancestry. Breach of this covenant may be regarded
as a material breach of this agreement.
B. The UTILITY understands that INDOT is a recipient of federal funds. Pursuant to that
understanding, the UTILITY and its Contractor and subcontractors, if any, agree that if the
UTILITY employs fifty (50) or more employees and does at least $50,000.00 worth of
business with INDOT and is not exempt, the UTILITY will comply with the affirmative action
reporting requirements of 41 CFR 60-1.7. The UTILITY shall comply with Section 202 of
executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which
are incorporated herein by specific reference. Breach of this covenant may be regarded as a
material breach of this agreement.
Page 7 of 11
SECTION 19—DEBARMENT AND SUSPENSION
The UTILITY certifies, by entering into this agreement, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from entering into this agreement by any federal agency or department agency or
political subdivision of the State of Indiana. The term "principal" for the purposes of this
agreement is defined as an officer, director, owner, partner, key employee, or other person with
primary management or supervisory responsibilities, or a person who has a critical influence on
or substantive control over the operations of the UTILITY.
SECTION 20—CERTIFICATION FOR FEDERAL-AID CONTRACTS LOBBYING ACTIVITIES
The UTILITY certifies,by signing and submitting this Contract, to the best of its
knowledge and belief, that the UTILITY has complied with Section 1352, Title 31, U.S. Code, and
specifically, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any federal Contract, the making of any federal grant, the making of any federal
loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal Contract, grant, loan, or
cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal Contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The UTILITY also agrees by signing this agreement that it shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000,
and that all such subrecipients shall certify and disclose accordingly. Any person who fails to sign
or file this required certification shall be subject to a civil penalty of not less than$10,000 and not
more than$100,000 for each failure.
SECTION 21 —APPROVAL OF ATTORNEY-GENERAL
This Agreement shall not be effective unless and until it is approved by the
Attorney General of Indiana or an authorized representative, as to form and legality
SECTION 22—ETHICS
Page 8 of 11
The Utility and its agents shall abide by all ethical requirements that apply
to persons who have a business relationship with the State, as set forth in Indiana Code §
4-2-6 et seq., the regulations promulgated hereunder, and Executive Order 05-12, dated
January 12, 2005. If the Utility is not familiar with these ethical requirements, the Utility
should refer any questions to the Indiana State Ethics Commission, or visit the Indiana
State Ethics Commission website at <<<http://www.in.gov/ethics/>>>. If the Utility or
its agents violate any applicable ethical standards, the State may, in its sole discretion,
terminate this contract immediately upon notice to the Utility. In addition, the Utility
may be subject to penalties under Indiana Code § 4-2-6-12.
SECTION 23—EMPLOYMENT ELIGIBILITY VERIFICATION
The Utility affirms under the penalties of perjury that he/she/it does not knowingly employ an
unauthorized alien.
The Utility shall enroll in and verify the work eligibility status of all his/her/its newly hired
employees through the E-Verify program as defined in IC 22-5-1.7-3. The Utility is not required
to participate should the E-Verify program cease to exist. Additionally, the Utility is not required
to participate if the Utility is self-employed and does not employ any employees.
The Utility shall not knowingly employ or contract with an unauthorized alien. The Utility shall
not retain an employee or contract with a person that the Utility subsequently learns is an
unauthorized alien.
The Utility shall require his/her/its subcontractors, who perform work under this contract, to
certify to the Utility that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify
program. The Utility agrees to maintain this certification throughout the duration of the term of a
contract with a subcontractor.
The State may terminate for default if the Utility fails to cure a breach of this provision no later
than thirty (30) days after being notified by the State.
SECTION 24—NON-COLLUSION
The undersigned attests, subject to the penalties for perjury, that he/she is the
Utility, or that he/she is the representative, agent, member or officer of the contracting party, that
he/she has not, nor has any other member, employee, representative, agent or officer of the
Utility, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter
into any combination, collusion or agreement to receive or pay, and that he/she has not received
or paid, any sum of money or other consideration for the execution of this Agreement other than
that which appears upon the face of this Agreement.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 9 of 11
i
i
i
IN WITNESS HEREOF, the parties hereto separately and severally have caused this instrument to be executed in
their respective names by and through their duly authorized officers.
THE UTILITY: .
( t 0 C%Gt�je/ lUdI'P f� l�lj III''
(Utility Name) /
'4"LO ' 1
lenif-z/
Signature of Officer) f p/3tya 6/
Ttt Pi ts 0,efi/M5_D
(Officer's Name,Printed or typed)
)///e f-OP/. G/7`.0 0/ e-4#7/
(Officer's Position)
ACKNOWLEDGEMENT
A Cu.S of 1 A{h i 1 ' 0/\ GalltitY of (\ `I(11-ka SS:
Before me,the undersigned Notary Public in and for said County and State,personally appeared
(Names and offices of signers of Utility) 1
t
b1.4.-V1 0.11 Ct Uic .r u t'#(
(Name of Utility)
and acknowledged the execution of the foregoing contract on this 2(`�day of oc.1,0_, .c ,
20 /2. .
Witness my hand and seal the said last day. : ��
0G-
My Commission Expires: day of ,20 z, i;.:4.4.44.,._1_,,
(Signature N
(Seal) v CANDY L,MARTIN
. County of Res: Hamilton (Notary Public,Printed or typed)
* * My Comm,Expires 08-2H-20i f3
,otpo1 Comm.No.627703
The State of Indiana
Page 10 of 11
. (
. I
By the Indiana Department of Transportation �
By: • / ,
A -51 .
Jame. '. Stark,Deputy Commissioner
Cap' . Program Management
For: ichael B, Cline
Commissioner
ACKNO WLEDGEMVIENT
State of I_n(thlOJ' (k_. County of ,VICW10r) SS:
Before me,the urideisignedNotary Public in and for said County and State,personally.appeared
James P.Stark,Deputy Commissioner Capitol Program Management,Indiana Department of
Transportation c
and acl�nowledged_tlie execution of the foregoing contract on this chef day of Na/e�rnh P,f.,
20 d- .
Witness my hand and seal the said last day.
MyCommission Expires: } day of .r)C*r e ,20.)1 .111►.1.
(Signaol,a)
(Seal) YcXlnu )6. .l:l e,f-y)&r.-
(Notai.KPiiblic;.Printed or typed)
Approved: c Approv d:
An..t kt-et.-- $-A-tibij-7 Robert D.Wynkoop,Commissioner- Adam . 'ors P hector
Department of Administration State Budget Agency
Date: // ' 7 j /?--- Date: i t ( 39/i i
APPROVED AS TO LEGALITY AND FORM.:
Ye/ 41/ . //,- /I,
Oi`egory F. Zoeller,A,oiney General of Indiana Date Approved 1
Page 11 of 11
Board of Public Works and Safety
City of Carmel
/
4_4
Mayor James Brainard Date
)71/1. 1 t
Mary A .urke, Member Date
Lori Watson fiber Date
ATTEST:
714461'
- 157
s
/Diana L. Cordray, Clerk Treasurer Date
l/>F
:,,,'',,',,Y1 US 31:Segment Carmel Water Relocation Agreement
- ;' WATER MA N RTER
ELOCATIONS DES 1297240 Contract IR-34750 CARMEL WA
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL UNIT TOTAL
PRICE
716.07673 PIPE INSTALLATION, W L'DR-11 4 20 LOT SI 00.00 5-12,008.00
(WIPE MAIN4
716.07631 PIPE fHDPE INSTACASILNLATIONG) ,TRENCH LESS 24 IN DR 17 360 LET 5150.00 554,000.00
715-02961 1VATERMAIN,DUCTILE IRON,161N 461 LOT S70.00 532,270.00
715-92544 WATEIL11AIN,DUCTILE IRON,12 IN 73 LOT 555.00 S4,015.00
732-91739 WATERMAIN,DUCTILE IRON,8 IN 1040 LIT 545.00 546,800.00
715-94780 WATEROIAIN,DUCTILE 1110N,6 IN 361 LET 540.00 214,440.00
715-05655 ADAPTER(14"MI HARVEY) 2 EA 2505.00 51,600.00
720-96999 FIRE HYDRANT ASSEMBLY 4 EA 51,500.00 SI0,000.00
720-96999 FIVE I[YDRANT ASSEMBLY,REMOVE R RETURN 4 EA 5250.00. 51,000.00
E,l'I51'INC
i
720.98136 FIRE HYDRANT RESET 3 EA S500.00 51,500.00
715-94530 ADJUST WATER VALVE TO GRADE 5 EA 5250.00 51,250.00
732-04926 VALVE,ABANDON IN PLACE 7 EA 5250.00 51,750.00
715-09883 VALVE WITH BOX 12"GATE •r 3 EA
715-02883 VALVE WITH BOX 8"GATE 4 EA 01,500.00 96,000.00
'
715-09883 VALVE WITH BOX 6"GATE 6 EA 91,250.00 57,500.00
715-05050 CAP,16" 2 EA 5200.00 9490.90
f
732-04837 PLUG,16" 1 EA 9200.00 9200.50
732-04837 PLUG,12" 2 EA 5175.00 5350.00
732-06050 CAP,12" 7 EA 1 5175,00 51,225.00
732-06050 CAP 8" 2 S150.00 S300.00
732-06050 CAP,6" 3 EA 9150.00 5450.00
715-0-1837 PLUG,6" 1 EA $750.00 5150.00
715-04987 r(CWI19-11-12"CONNECTION EAST SIDE 31 1 - EA 52,500.00 52,500.00
71 5-04 98 7(CWVU9-71-12"CONNECTION DELAWARE ST I EA 52,500.00 52,500.00
715-04987(CWU9-31-8"CONNECTION 10602 91ERID IAN 1 EA 52,500.00 $2,500.00
I
715.04987(CWII9-54-8"CONNECTION 19585 MERIDIAN I • EA 92,500.00 52,500.00
715-04987 (CWU9-2(-6"CONNECTION 170W 106TH 1 EA 52,500.00 52,500.00
715-04957(CWU9-41-6"CONNECTION 10602 MERIDAIN 1 EA 52,500.00 $2,500.00
715-04987 (CWU9-6)-6"CONNECTION 10610 PENN 1 EA 52,500.00 92,000,00
715-04947 TAP SADDLE,STAINLESS STEEL,20"z 16" 1 EA 52,750.00 52,750.00
I ,
715.04947 TAP SADDLE,STAINLESS STEEL,12"a 12" 2 EA -02,000,00 94,000.00
715-04947 TAP SADDLE,STAINLESS STEEL,20"a8" 1 EA 52,000.00 52,000.00
1
715-04947 TAP SADDLE,STAINLESS STEEL,16"X 8" 1 EA 52,000.00 22,000.00
732-06839 VALVE WITH BOX,TAP 16" 1 EA 53,500.00 53,500.00
732-06839 VALVE WITH BOX,TAP 12" 2 EA 52,750.00 35,500.00
732-06839 VALVE 711TII BOX,TAP 8" 2 EA 52,505.00 $5,050.01
720-97359 WATER METER AND LINE,RELOCATE I 3 EA 52,500.00 57,500.00
715.91753 METER PIT,RFSIDENT'IAI„RELOCATE I EA 51,000.00 01,000.00
I
202-02637 1'.11T,ABANDON AND GROUT FILL 1180 I,Fr 340.00 047,100.00 ,
732-06839 CHLORINATION TAP 3 EA 5150.00 5450.00
211-09264 STRUCTURE BACKPILL,TYPE I 544 CIS 522.00 511,968,00
732-05538 TESTING ANT/DISINFECTION 1 LS 51,500.00 52,500.00■
105-06845 CONSTRUCTION ENGINEERING 1 LS 510,000.00 510,000.00
AS-BUILT DRAWINGS(PER CWU STANDARDS 1 LS 15,000.00 95,090.00
'TOTAL BASE RID AMOUNT: $355,068.00
NOTE:All pipeline material shall conform to Carmel-Clay Material Standards. UPDATED 6175/2012 E 7( F:l l B I1 B
II .._!` . 7.. L� 0.J. I
67112012 - ,
,:
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X
US 31:Segment 6 Carmel Water Relocation Agreement
- WATER I
WATER M AIN RELOCATIONS DES 1297240 Contract IR-34750
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL UNIT PRICE TOTAL
716-07633 PIPE INSTALLATION,TRENCIILESS18IN DR-11, 935 LET 5125.00 $116,875.00
(HDPE)
716-07635 PIPE INSTALLATION,TRENCBLESS 30 IN(STEEL 520 LIT $401100 $208,000.00
CASING)
716-09128 PIPE INSTALLATION,TRENCH-LESS 16 IN DR- 2615 LIB I' $115.00 $300,725.00
11(IIDPE)
715-02961 WATERMAIN,DUCTILE IRON,16 IN 959 LET $70.00 $67,130.00
715-92544 WATERP1AIN,DUCTILE IRON,12 IN 504 LFT $55.00 527,720.00
715.06655 ADAPTER(18"AIJHARVEY) 2 EA. 51,000.00 $2,000.00
715-06655 ADAPTER(16"MJ HARVEY) 12 EA 5900.00 $10,800.00
202-02637 PIPE,ABANDON AND GROUT FILL 507 LIT 540.00 520,280.00
720-96999 FIRE HYDRANT ASSEMBLY 8 EA 52,500.00 520,000.00
720-96999 ERE HYDRANT ASSEMBLY,REMOVE&RETURN 6 EA $250.00 51,500.00
EXISTING
732-04926 VALVE,ABANDON IN PLACE 9 EA 5250.00 52,250.00
715-96691 VALVE WITH BOX 16"BUTTERFLY 6 EA S3,500.00 S21,000.00
715-11360 INSERTION TEAM VALVE,12 IN 1 EA 510,500.00 $10,500.00
715-09883 VALVE WITH BOX 12"GATE 6 EA 51,750.00 $10,500.00
715-09883 VALVE WITH BOX 8"GATE 1 EA 51,500.00 $1,500.00
715-09883 VALVE WITH BOX 6"GATE I EA $1,250.00 $10,000.00
732-04837 PLUG,16" 1 EA $200.00 5200.00
732-04837 PLUG,12" 2 EA 5200.0D 5400.00
732-06050 CAP,16" 2 EA 5200.00 $400.00
732-06050 CAP,12" 6 EA 5200.00 51,200.00
732-06050 CAP,8" I EA 5150.00 $150.00
732-05075 (CNU6-3)16"CONNECTION 1 EA 53,500.00 53,500.00
732-05075 (CWU6-4)12"CONNECTION I EA S2,500.00 S2,500.00
732-05075 (CWU6-5)12"CONNECTION 1 EA 52,500.00 52,500.00
732-05075 (CNU6-6)12"CONNECTION I EA 52,500.00 S2,500.00
732-05075 (CW116-7)12"CONNECTION 1 EA 52,500.00 $2,500.00
732-05075 (CNU6-8)12"CONNECTION 1 EA 52,500.00 52,500.00
732-05075 (CNU6-2)12"CONNECTION 1 EA 52,500.00 52,500.00
732-05075 (CWU6-1)8"CONNECTION 1 EA 52,500,00 52,500.00
715-91742 WATER METER,RELOCATE 1 EA $1,000.00 51,000.00
715-04947 TAP SADDLE,STAINLESS STEEL,16"a 16" 1 EA 52,500.00 52,500.00
732-06839 VALVE WITH BOX,TAP 16" 1 EA 53,500.00 $3,500.00
732-06839 CHLORINATION TAP 3 EA 6150.00 5450.00
211-09264 STRUCTURE BACKFILL,TYPE 1 525 Cl'S $22.00 $11,550.00
732-05538 TESTING AND DISINFECTION 1 LS 52,500.00 $2,500.00
105-06845 CONSTRUCTION ENGINEERING I LS $10,000.00 $10,000.00
AS-BUILT DRAWINGS(PER CWU STANDARDS 1 LS 55,000.00 55,000.00
PRELIMINARY ESTIMATE: 5890,630.00
NOTE:All pipeline material shall conform to Carmel-Clay Material Standards. UPDATED 6115120 2 EXHIBIT B
6/15/2012
"t`'` ;707:"i41,..- 72,7,,,x -
i
t
US 31:Segment 11 Carmel Water Relocation Agreement
CARMEL WATER UTILITY DES 1297240 Contract IR-34750
' WATER MAIN RELOCATIONS
I
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL UNIT PRICE TOTAL
716-07633 PIPE INSTALLATION,TRENCIILESS 24 IN(HDPE) 890 LET $150.00 5133,500.00
716-07635 PIPE INSTALLATION,TRENCHLESS 36 IN(STEEL) 200 LFT 5450.00 S90,000.00
715-06655 ADAPTER(24"MJ HARVEY) 2 EA 52,500.00 $5,000.00
WATER MAIN LOWERING 12IN DIP (CWU11-1) 1 EA $17,000.00 517,000.00
WATER MAIN LOWERING 12 IN DIP (CWUI1-2) 1 EA 517,000.00 $17,000.00
WATER MAIN LOWERING 12 IN DTP(CWU11-3) 1 EA 517,000.00 $17,000.00
202-02637 PIPE,ABANDON AND GROUT FILL 915 LFT 540.00 $36,600.00
720-96999 FIRE HYDRANT ASSEMBLY,REMOVE&RETURN 2 EA 5250.00 $500.00
EXISTL`tG
720-96999 FIRE HYDRANT ASSEMBLY 1 EA $2,500.00 52,500.00
720-97008 FIRE HYDRANT ASSEMBLY,RELOCATE 1 EA $2,000.00 S2,000.00
715-94530 ADJUST WATER VALVE TO GRADE 1 EA $250.00 5250.00
715-09883 VALVE,WITH BOX 6"GATE 1 EA 51,250.00 51,250.00
732-04837 PLUG,6" 2 EA $250.00 5500,00
732-06050 CAP,6" 1 LA $250.00 $250.00
732-06050 CAP,20" 2 EA 5250.00 5500,00
732-04837 PLUG,20" 2 EA 5250.00 $500.00
715-04947 TAP SADDLE,STAINLESS STEEL,20"x20" 2 EA 53,000.00 56,000.00
732-06839 VALVE WITH BOX,TAP 20" 2 EA $4,000,00 58,000.00
732-06839 CHLORINATION TAP 2 EA $150.00 $300.00
211-09264 STRUCTURE BACICFILL,TYPE 1 225 CYS $22.00 54,950.00
732-05538 TESTING AND DISINFECTION I LS $2,500.00 52,500.00
105-06845 CONSTRUCTION ENGINEERING 1 LS 510,000.00 510,000.00
AS-BUILT DRAWINGS(PER CWU STANDARDS I LS $5,000.00 $5,000.00
TOTAL BASE BID AMOUNT: $361,100.00
NOTE:All pipeline material shall conform to Carmel Material Standards.UPDATED 6/15/2012
`�--_ ,._-•—,s=
EXH I BIT B
6/15/2012
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;. i, .-:71.1$ v/6
of fii
>r f Segment 12 US 31 Carmel Water Relocation Agreement
CARMEL WATER UTILITY
WATER MAIN RELOCATIONS DES 1297240 Contract IR-34750
ITEM NO. DESCRIPTION QUANTITY UNIT TOTAL UNIT PRICE TOTAL
716-07633 PIPE INSTALLATION,TRENCHLESS 24 IN(IIDPE) 2960 LFT 5165.00 $488,400.00
716-07635 PIPE INSTALLATION,TRENCIILESS 36 IN(STEEL, 520 LIT 5425.00 $221,000.00
CASING) _ -
•
715-97419 WATERMAIN,DUCTILE IRON,24" 20 LET $97.00 $1,940.00
715-0664 1VATEILs1AIN,DUCTILE IRON,20 IN 41 LIT $85.00 53,485.00
715-96670 WATERMAIN,DUCTILE IRON,12 IN 500 LIT $55.00 $27,500.00
715-06655 ADAPTER(24"MI HARVEY) 18 EA $1,300.00 $23,400.00
202-02637 PIPE,ABANDON AND GROUT FILL 820 LFT $40.00 532,800.00
720-96999 FIRE HYDRANT ASSEMBLY 1 EA $2,500.00 S20,000.00
720-96999 FIRE HYDRANT ASSEMBLY,REMOVE&RETURN 6 EA $250.00 51,500.00
EXISTING
. 720-97003 FIRE HYDRANT ASSEMBLY,RELOCATE 2 EA $1,700.00 $3,400.00 '
720-98136 FIRE HYDRANT.RESET 1 EA $1,000.00 $1,000.00
715-94530 ADJUST WATER VALVE TO GRADE 4 EA $500.00 $2,000.00
732.04926 VALVE,ABANDON IN PLACE 5 EA $250.00 $1,250.00
WATER MAIN LOWERING 16 IN DIP(CWU12-3) 1 EA 78,000.00 $18,000.08
715-09883 VALVE WITH BOX 24"BUTTERFLY 5 EA 54,700.00 $23,500.00
715-09383 VALVE WITH BOX 12"GATE 2 EA 51,750.00 53,500.00
715-09583 VALVE WITH BOX 6"GATE 8 EA $1,250.00 $10,000.00
715-01525 VALVE BOX20" 2 EA
715-01525 VALVE BOX 12" 1 EA
732-04337 PLUG,20" 2 EA S250.00 $500.00
732-06050 CAP,20" 2 EA S250.00 $500.00
732-04837 PLUG,12" 1 EA $200.00 S200.00
732-06050 CAP,12" 1 EA 5200.00 5200,00
715-01902 WATER SERVICE LINE 2" I EA S3,500.00 53,500.00
715-04987 (CWUI2-1)12"CONNECTION 1 EA 52,500.00 52,500.00
715.04987 (CWU12-4)12"CONNECTION I EA $2,500.00 $2,508.00
715-04937 (CWVU12-2)20"CONNECTION 1 EA $4,166.00 $4,166.00 •
715-04947 TAP SADDLE,STAINLESS STEEL,12"x12" 2 EA $2,500.00 $5,008.00
715-04947 TAP SADDLE,STAINLESS STEEL,20"x 20" 2 EA 54,200.00 58,400.00
732-06339 VALVE WITH BOX,TAP 20" 2 EA $5,200.00 $10,400.00
732-06839 VALVE WITH BOX,TAP 12" 1 EA $3,000.00 53,000.00
732-06339 CHLORINATION TAP - 3 EA $150.00 $450.00
211-09264 STRUCTURE BACICFILL,TYPE 1 225 CYS $22.00 54,950.00
732-05538 TESTING AND DISINFECTION 1 LS 52,500.00 52,500.00
105-06845 CONSTRUCl-ION ENGINEERING ] LS $10,000.00 $10,000.00
AS-BUILT DRAWINGS(PER CWU STANDARDS 1 LS 55,000.00 $5,000.00
PRELIMINARY ESTIMATE: $946,441,00
NOTE:ALL PIPELINE MATERIAL SHALL CONFORM TO CARMEL-CLAY MATERIAL STANDARDS.UPDATED 011512012
EXHIBIT B
6/15/2012
ilis
City of Carmel Utilities
760 Third Avenue S.W.,Ste.110•Carmel,IN 46032
EXHIBIT C Phone:(317)571-2443•Fax:(317)571-2265
www.carmel.in.gov
October 31, 2012
Mr. Kenny Franklin
Utilities and Railroad Manager
Indiana Department of Transportation
IGCN 642
100 North Senate Avenue
Indianapolis, IN 46204
RE: Carmel Water Utility Extraordinary Cost Agreement
Dear Mr. Franklin:
This letter is to memorialize the City of Carmel's Water Utility obligations regarding the Water
Extraordinary Cost Agreement that is being executed between the City of Carmel and the State of
Indiana regarding reimbursement for the City's expenses per said agreement.
The City of Carmel's Water Agreement for DES No: 0600430, 0600432, 0900267, includes work to be
completed under one INDOT contract. Carmel's total obligation for the project is$981,503.35.
The City of Carmel's Water Utility fully understands that this letter will be duly entered as Exhibit C of
the aforementioned Extraordinary Cost Agreement and attached thereto,and the City of Carmel's water
Utility commits to these financial obligations.
Please feel free to contact me at (317) 571-2451 with any questions.Thank you
Sincerely,
ohn Duff
Director o tilities